SCHEDULES

SCHEDULE 1TRANSITIONAL AND SAVING PROVISIONS

PART 1DRINK-DRIVING

Fixed penalty offences

3

The amendments of the Offenders Order made by section 7 do not apply in relation to an offence committed before the commencement of the amendments.

4

Until the commencement of the repeal (by paragraphs 41 and 47 of Schedule 5 to the Order of 2007) of Articles 64 and 82 respectively of the Offenders Order (effect of endorsement of counterpart without hearing: penalty points attributable on conviction also attributable as fixed penalty) and (endorsement of counterpart where fixed penalty under conditional offer paid)—

a

paragraph (1) of Article 64 of the Offenders Order has effect as if there were inserted at the beginning “Subject to Article 64B,”,

b

Article 64B of that Order (inserted by section 8(5)) has effect as if the reference in the title to “Articles 64A(1) and 82A(7)” were a reference to “Articles 64(1), 64A(1), 82(6) and 82A(7)”.

5

Until the commencement of the repeal (by Article 40(4) of and paragraph 47 of Schedule 5 to the Order of 2007) of Articles 63 and 82 respectively of the Offenders Order (endorsement of counterpart without hearing) and (endorsement of counterpart where fixed penalty under conditional offer paid)—

a

Article 59C of the Offenders Order (inserted by section 9(1)) has effect as if—

i

the reference in paragraph (2)(b) to “licence”, where it second occurs, were a reference to “licence and its counterpart”,

ii

the reference in paragraph (3) to “licence” were a reference to “licence and its counterpart”,

iii

the reference in paragraph (5) to “licence” were a reference to “licence and a counterpart of a licence”,

b

Article 63 of that Order has effect as if—

i

the reference in paragraph (1) to “a fixed penalty notice under Article 60,” were a reference to “a fixed penalty notice under Article 60 or notice under Article 59C(2)”,

ii

the reference in paragraph (3) to “the end of the suspended enforcement period” were a reference to “the end of the suspended enforcement period or (as the case may be) of the period specified in a notice relating to the offence under Article 59C(2)”,

c

Article 82 of that Order has effect as if—

i

the reference in paragraph (1) to “a conditional offer” were a reference to “a conditional offer or notice under Article 59C(2)”,

ii

the reference in paragraph (2)(b) to “the expiry of the period specified in the conditional offer” were a reference to “the expiry of the period specified in the conditional offer or (as the case may be) notice under Article 59C(2)”,

d

the entry in Part 1 of Schedule 1 to that Order (prosecution and punishment of offences under the Road Traffic Orders) for offences under Article 59C(6) (inserted by section 9(3)) has effect as if the reference in column 2 to “licence” were a reference to “licence and counterpart”.